Setting up a Business in India

Setting Up in India

Why Should You Choose A&A for Business Setup in India?

Reinforcing the vision of growth for India and enabling the ease of doing business in India, Ahlawat & Associates provides comprehensive assistance to guide you through the best entry and exit strategy for setting up and operating in India, including the incorporation of foreign companies. Get tailored solutions for your business setup needs, with our experienced foreign business setup consultants in India.

  • 100+ Clients assisted in setting up a foreign company in India
  • 5+ Billion worth corporate transactions handled last year
  • Startup Centric Legal Expertise
  • Specialized Services for Foreign Nationals
  • Advisory on Post-incorporation Filings


A&A’s Expertise In Business Setup Services

Ahlawat & Associate is a committed Law firm with the express purpose of supporting foreign and national business groups to set up their business in India, specifically for business setup in India from the US. The firm recognizes the concerns relating to the development of an organization in the Indian climate and ensures that our clients get complete assistance involved with the legality and compliance of setting up business in India.

We understand Indian politics, industry, and corporate needs profoundly and have a team with specialized knowledge of both the legal framework as well as the specific business requirements to guide our clients through the smooth establishment of the company.

We are one of the leading business/company setup consultants in India for foreign companies who can provide you with value-added insight and tips for beginning business/trading in India.


Setting Up A Business Operations In India For Foreign Companies


There are a number of options available to a foreign investor wanting to set up business operations in India. Taking into consideration that foreign equity in Indian companies can go up to 100%, subject to equity caps in the respective areas of activities under the policy of Foreign Direct Investment (FDI). From choosing the right legal structure to registering your company, our professionals can help you to incorporate a company in India quickly and efficiently.

  1. As an Indian Company

    A foreign company/ investor that wishes to commence its operations in India can begin operations either via (i) Joint Ventures or (ii) a Wholly Owned Subsidiary (subject to 100% FDI permission for the activities being carried out)
  2. As a Foreign Company

    India also provides more cost-effective options to a foreign company wanting to test the waters before plunging into full fledge operations:

    • 2.1. Liaison Office/Representative Office:

      The liaison office acts as a bridge between a primary place of business i.e. the country of origin and entities in India. No commercial activity can be undertaken in a Liaison Office, and therefore, it does not “earn” in India. Such an office plays a limited role of collecting adequate information about required market opportunities and providing data about the company / its products to the Indian market. However, with RBI (Reserve Bank of India) approvals and other permits, such a representative office can facilitate technical and financial collaborations between a parent company and its Indian partner as well as encourage import & export from/to India.
    • 2.2. Project Office:

      To initiate specific projects a foreign entity has the option of setting up a temporary project/site office in India. Such project offices can only carry forward the activities for which they have been permitted to set up. They are limited to execute any activity which does not fall within the scope of the project.
  3. Branch Office

    Foreign companies requiring a physical presence to conduct their business without the rigmarole of setting up a separate legal entity, have the option of setting up their Branch Offices in India. These branch offices are not permitted to initiate manufacturing activities on their own however they may reallocate the role to an Indian manufacturer. A branch office of a foreign entity in India is allowed to conduct the following actions in the country:
    • Import and Export of goods
    • Rendering professional and consultancy services
    • Carry forward research work in relation to the business of the parent company
    • Promoting technical and financial collaborations with Indian and overseas companies on behalf of the parent company
    • Acting as a buying/selling agent for the parent company in India and representing the parent company in India
    • Assisting the parent company in the development of software or IT related requirements
    • Rendering technical support to the parent company with respect to the products or services that the parent company offers
    • Foreign airlines/shipping company

    Foreign Direct Investments

    India: An Attractive Destination For Businesses

    Among the emerging markets, India is seen as the ideal destination with ample opportunities available to be capitalized on without compromising on the quality, particularly for opening a foreign company in India. This has attracted major multinational companies around the globe, which are looking for low-cost suitable options for opening a foreign company in India and setting up business in India.

      • Establishing a company in India – Overview

        The Indian economy is one of the fastest-growing economies in the world with GDP growth of around 7 – 8% and a population of over 1 billion as per World Bank Data (2016). The statistics show that India as of now boasts of a profitable and stable economy and has already entered the league of emerging markets thus making it an attractive option for foreign investors.

      • Procedure for setting up a company in India

    From a foreign company’s point of view, opening a private limited company in India is one of the highly recommended ways to start a business in India. PLC offers limited liability for its shareholders with certain restrictions placed on the ownership. Streamline your company establishment in India with our tailored services and get your business up and running smoothly.recommended ways to start a business in India. PLC offers limited liability for its shareholders with certain restrictions placed on the ownership. Streamline your company establishment in India with our tailored services and get your business up and running smoothly.

    How To Set Up A Business/Company In India

    Efficiently incorporate a company in India with the help of our expert team and make your business launch a hassle-free experience. The incorporation procedure of a private limited company, specifically for US Company incorporation in India, is governed as per Companies Act 2013 and can be explained through the following steps:

    1. Proposed name for the company

      In order to hold an available name, a series of documentation is to be provided by the applicant such as

      • The main object of the company
      • Up to 6 proposed names in order of preference
      • Details of a minimum of two promoters and
      • Details of the minimum of two directors.

      Upon acceptance of the name, it is held for a period of 60 days and a new company can be incorporated with immediate effect on this.

    2. Directors and subscribers

      For a Private Limited Company

      • a minimum of 2 directors are required
      • a minimum of 2 subscribers are required

      For a Public Limited Company

      • a minimum of 3 directors are required.
      • a minimum of 7 subscribers are required.
    3. Director Identification Numbers (DIN)

      It is recommended for all proposed directors to obtain a DIN.

    4. Digital Signature Certificate (DSC)

      A DSC is required to validate the documents digitally, which are sent to the Company Registrar (ROC) or other authorities, such as tax authorities.

    5. Memorandum & Article of Association (MOA), (AOA)

      These are mandatory legal documents containing crucial information about the company and sets out the company’s necessary working procedure, its rules, and regulations.

    6. Registered Office

      It is mandatory for any company to have a registered office in India from the date of incorporation and it should be publicly accessible for correspondence of documents and notices.

    7. Incorporation

      Post acceptance and approval on all legal documents required to incorporate a company by ROC, a certificate is issued and from thereon, a private company can begin its activities. Whereas, for a Public Company, it is required to obtain a Company Start-up Certificate from ROC as well.

    8. Post Incorporation

      The legal work does not end with the incorporation of the company in India. Post incorporation a company needs to undertake series of Compliances and Statutory Registrations, such as; Opening of bank accounts, maintaining of books, allotment of shares, IT registration, Import Export Codes, Sales Tax registration, Service Tax registration, Central Excise Registration, and others which A&A provides to its client on a daily basis as an In-house/ General Counsel legal service.

    Role Of Ahlawat & Associates In Setting Up In India

    From registering your business to obtaining necessary licenses and permits, our team can assist you in every aspect of starting a business in India.

    • Advise on Entry Strategy and structuring of Business set up in India
    • Identification and selection of the place of business
    • Incorporation of the Company or Branch or Liaison Office in India
    • Bank account opening and getting Finance
    • Getting approvals at various regulatory bodies/agencies
    • Ongoing compliance with all laws and regulations
    • Accounts and Payroll maintenance
    • Compliance with FEMA/RBI for fund transfers
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    Expert Professionals

    Our Focus Area

    FDI

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    India Entry Strategy

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    Limited Liability Partnership (LLP)

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    Private Limited Company

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    IT / ITes Company

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    Fintech Company

    Fintech Company In India

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    E-Commerce

    Setting up an e-commerce business in India

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    GIFT City India

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    Experienced Team

    A&A is among the top corporate law firms in India. At A&A, we believe that we are as good as our team, Our principle has guided us to ensure that we have the best corporate lawyers in India based at our main offices while the leading corporate lawyers in other parts of the world run our various practices across the nation, thus ensuring optimum management and service of even the most complex transactions. It is due to our standards of professional responsibility when dealing with our clients and various matters, which we stringently abide by that has enabled us to qualify as one of the reputed corporate law firms in India.

    Industry Experience

    Whilst A&A commercial law services has been able to cater to legal needs pan India as well as globally, its main founding office and headquarters is in Delhi and it is due to this foothold. A&A corporate lawyer in India has played a vital role in providing advice to the government on various legal and policy-related issues and is amongst the few corporate law firms in India to have the experience and optimal understanding of interpretation and drafting of policy matters.

    Client-Centric Approach

    A&A adopts an approach that demands the highest levels of knowledge, technical skill and service delivery allowing us to provide accurate, reliable, timely, and cost-effective advice while maintaining international standards of excellence and create a bespoke approach for every client and their business. Our commercial law solicitors unique perspective of working on our client’s matters as a critical part of their team allows us to address their problems like our own. We believe that each client comes with different requirements and concerns – and we work tirelessly to achieve their goals and pursue their objectives.

    Cost-Efficient

    We make sure that our fee structure and the legal costs involved are very transparent and predictable for our clients. We believe that client relationships are based on trust and a sense of common purpose and we never falter on our promise making us one of the best corporate law firms in India. Our priority has been to deliver the best legal & business solutions and our fee arrangements are tailored to the needs of the client, the client’s goals, and the nature of the matter.

    Frequently Asked Questions

    1. How to set up a PLC in India?

      1. Apply for a Designated Partner Identification Number (DPIN).
      2. Acquire Digital Signature Certificate and register the same on the MCA portal. Get the LLP name approved by the Ministry Of Corporate Affairs.
      3. Once the LLP name is approved,You can register the LLP by filing the incorporation form.
      4. Filing an LLP agreement.
    2. How to set up a LLP in India?

      1. Apply for a Designated Partner Identification Number (DPIN).
      2. Acquire Digital Signature Certificate and register the same on the MCA portal. Get the LLP name approved by the Ministry Of Corporate Affairs.
      3. Once the LLP name is approved,You can register the LLP by filing the incorporation form.
      4. Filing an LLP agreement.
    3. Why choose A&A for setting up a company in India?

      Ahlawat & Associates provides comprehensive assistance to guide you through the best entry and exit strategy for setting up and operating in India.
    4. Why choose A&A for Business Setup Services?

      Ahlawat & Associates is one of the leading full-service law firms in India, catering to domestic and international clients. Our broad and in-depth experience spanning over a few decades has enabled us to fully understand our client’s requirements and provide results exceeding their expectations. Our team of expert attorneys with their knowledge and experience in the field, ensure the best business setup services and amicable solutions to the most complex legal concerns faced by our clients.

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